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Updated over 14 years ago on . Most recent reply

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John Tsai
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Should I keep the security deposit ???

John Tsai
Posted

My tanent moved out 3 months before the end of the leasing contract but she promised to keep paying monthly rent before I sign a contract with a new tanent. Is it leagal for me to keep her 1 month security deposit under such situation?

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In some states there are mitigation of damages clauses that require you to attempt to find a replacement tenant for her since she moved. And if you cannot she could have a civil claim.

I don't know how that would play out if she agreed to continue to pay rent. However if that is not in writing then you have a problem.

My question to you would be, did she actually pay the 3 months of rent?

If so then you have to treat her deposit as any other deposit that is given from a tenant that fulfills their lease obligations.

Your best bet is to speak to an attorney about the situation. And to take the time to read the property code, that deals with landlord/tenant laws, and make sure you understand all of these laws.

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